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Some of the More Interesting Provisions
of the Indiana Criminal Code:


Due to their length, I have separate pages devoted to:

      DRUGS             GUNS       




Table of Contents:

OFFENSES AGAINST THE PERSON OFFENSES AGAINST PROPERTY

OFFENSES AGAINST PUBLIC ADMINISTRATION

OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY

MISCELLANEOUS OFFENSES


CITIZEN'S ARREST

Indiana Code 35-33-1-4:

Any person may arrest any other person if:
        (1) the other person committed a felony in his presence;
        (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
        (3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.

HOW LONG CAN THEY HOLD YOU AFTER A DUI/DWI/OWI ARREST?

Here is a chart that is contained in the Indiana Statutes: Indiana Code 35-33-1.6

HOMICIDE

Murder
Causing suicide Assisting suicide
Voluntary manslaughter Involuntary manslaughter Reckless homicide
Feticide Transferring contaminated body fluids Sale or distribution of HIV testing equipment

BATTERY and RELATED OFFENSES

Battery Aggravated battery Criminal recklessness; Hazing
Provocation Obstruction of traffic Overpass mischief
Battery by body waste

KIDNAPPING and CONFINEMENT

Definition Kidnapping
Criminal confinement Interference with custody

SEX CRIMES

Rape Criminal deviate conduct Child molesting
Child exploitation; possession of child pornography; violation classification; exemption; definitions Vicarious sexual gratification Child solicitation
Child seduction Sexual battery Sexual misconduct with a minor

ROBBERY and CARJACKING

Robbery Carjacking

ARSON

Arson Criminal mischief; operator's permit or license
Unlawful acts relating to caves; offense Computer tampering

BURGLARY

Burglary Residential entry
Criminal trespass Computer trespass

THEFT

Definitions Theft; receiving stolen property Dealing in altered property
Auto theft; receiving stolen auto parts Conversion Failure to return or pay for articles borrowed from library, etc.
Evidence Defenses Unauthorized control over property of benefit provider
Vending machine vandalism

	
	Alteration of retail prices
           Shoplifting
		Evidence that a person:

	(1)	concealed property displayed or offered for sale or hire;  and

	(2)	removed the property from any place within the business premises
		at which it was displayed or offered to a point beyond that at which 
		payment should be made;

	constitutes prima facie evidence of intent to deprive the owner of 
	the property of a part of its value and that the person exerted 
	unauthorized control over the property.
Can you be detained by the storekeeper if you are suspected of shoplifting? Yes!

Probable cause; detention; procedure

(a)	An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft may:

	(1)	detain the person and request the person to identify himself;
	(2)	verify the identification;
	(3)	determine whether the person has in his possession unpurchased merchandise 
		taken from the store;
	(4)	inform the appropriate law enforcement officers;  and
	(5)	inform the parents or others interested in the person's welfare, that the 
		person has been detained.

(b)	The detention must:

	(1)	be reasonable and last only for a reasonable time; and
	(2)	not extend beyond the arrival of a law enforcement officer or two (2) hours, 
		whichever first occurs. 
		ISF checks - it is a defense if you you made the check
		"good" within 10 days of your recipt of notice from the
		party that received the bad check

FORGERY

Forgery Deception Fraud - defrauding creditors check deception
Theft of utility services Welfare fraud defrauding financial institutions

HOME IMPROVEMENT FRAUD

Application of chapter "Consumer" defined "Home improvement" defined
"Home improvement contract" defined "Home improvement contract price" defined "Home improvement supplier" defined
"Person" defined Unconscionable contract Prima facie unconscionability
Fair market value of improvement Determination of fair market value Home improvement fraud; offense
Enhanced offenses Defense

BRIBERY

Bribery Perjury and other falsifications interfering with governmental operations

RIOTING

Rioting Disorderly conduct Flag desecration

INTIMIDATION

Intimidation Harassment; "obscene message" defined
Unlawful use of a communications medium; definitions Unlawful disclosure

PUBLIC INDECENCY

Public indecency; indecent exposure Prostitution Patronizing a prostitute
Promoting prostitution Voyeurism; "peep" defined

GAMBLING

Definitions Unlawful gambling Professional gambling
Promoting professional gambling Pari-mutuel wagering Sale of lottery tickets
Advertisements; wagering Sale and use of gambling devices Riverboat gambling

RACKETEER INFLUENCED CORRUPT ORGANIZATIONS

Racketeer Influenced Corrupt Organizations; RICO Corrupt business influence

LOANSHARKING

Definitions Loansharking Application of chapter Contracts void

CONSUMER PRODUCT TAMPERING

"Consumer product" defined "Labeling" defined Consumer product tampering; offenses

CRIMINAL GANGS

"Criminal gang" defined "Threatens" defined
Participation in criminal gang; offense Threats; refusal to join or withdrawal from gang; intimidation offense

STALKING

Stalk; defined Harassment; defined Impermissible contact; defined
Victim; defined Criminal stalking

ABUSE OF A CORPSE

Applicability of chapter Abuse of corpse

CODE GRABBING DEVICES [devices "stealing" car alarm or garage door opener signals]

Code grabbing device" defined Criminal use or possession of code grabbing device

UNAUTHORIZED USE OF TELECOMMUNICATIONS DEVICES [cloning or illegal use of cell phones, etc.]

Manufacture of an unlawful telecommunications device" defined Publish" defined Telecommunications device" defined
Telecommunications service" defined Telecommunications service provider" defined Unlawful telecommunications device" defined
Unauthorized use of telecommunications services Restitution; civil action to obtain relief

OFFENSES AGAINST THE FAMILY

Definitions Tobacco" defined Bigamy Incest
Neglect of a dependent; child selling Nonsupport of a dependent child Nonsupport of a spouse Nonsupport of a parent
Contributing to the delinquency of a minor Profiting from an adoption Sale or distribution of tobacco to minors; defenses Purchase or acceptance of tobacco by minors
Retail sale of tobacco; warning notices to minors required, failure to post, offenses Coin machine", defined; sale or distribution of tobacco; violation Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification Battery, neglect or exploitation of endangered adult; failure to report; unlawful disclosure; referrals; retaliation
Reporting or documenting battery, neglect or exploitation; immunity from civil or criminal liability Invasion of privacy; offense; penalties Invasion of privacy convictions; record of persons protected by orders Persons convicted of invasion of privacy; denial of access to protective order information
Invasion of privacy convictions; release and hearings; notice to persons protected by orders Invasion of privacy convictions; time of notice to persons protected by orders

OFFENSES RELATING TO CIVIL RIGHTS

Violation of civil rights Discrimination in jury selection

OFFENSES RELATING TO ANIMALS

Harboring a non-immunized dog "Animal" defined Animal fighting contest" defined
Exceptions from chapter; electrocution Impoundment of animals for chapter violation; probable cause hearing; penalties; award of custody of animals Abandonment or neglect of vertebrate animals
Purchase or possession of animals for fighting contests Promotion, use of animals or attendance with animal at animal fighting contest Attendance at fighting contest
Dog or horse of law enforcement agency; mistreatment or interference Interference with or mistreatment of service animal; defenses Torture, mutilation or killing of vertebrate animal

RECRUITMENT OF STUDENT ATHLETES

Agent contract Professional sports services contract Student athlete Failure to disclose recruitment

HUMAN ORGAN TRAFFICKING

Human organ trafficking

GLUE SNIFFING; NITROUS OXIDE

"Model glue" defined Glue sniffing; misdemeanor offense Nitrous oxide distribution; non-medical purposes

OBSCENITY and PORNOGRAPHY

Definitions applicable throughout article "Distribute" "Matter" "Minor"
"Nudity" "Owner" "Performance" "Sado-masochistic abuse"
"Sexual conduct" "Sexual excitement" Obscene matter or performance Matter or performance harmful to minors
Arrest; search; seizure of matter; motion pictures Adversary hearing; application for; preliminary determination Application of article Sale or distribution or exhibition of obscene matter
Obscene performance Dissemination of matter or conducting performance harmful to minors Defense to prosecution for dissemination of matter or conducting performance harmful to minors

Habitual Class D offenders

Habitual offenders

Death Sentence

Habitual controlled substance offenders

Additional Penalty for use of a firearm

Here is one example of CIVIL penalties that can be placed on top of criminal penalties if you are transporting cocaine or other drugs in your car or boat:

Seizure of Property/Forfeitures

If used to transport cocaine, etc.